The Loan Master Agreement serves as an umbrella agreement for establishing multiple credit facilities under a single comprehensive framework in Malaysia. It is primarily used when a borrower requires access to various types of financing (such as term loans, revolving facilities, or trade financing) from the same lender over time. The agreement complies with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. It streamlines the lending process by setting out standard terms that apply to all facilities while allowing specific terms to be documented in supplemental facility letters or drawdown notices. This approach reduces documentation requirements and ensures consistency across multiple facilities while providing flexibility to accommodate different financing needs over time.
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1. Parties: Identification of the lender and borrower with complete legal details
2. Background: Context of the agreement, relationship between parties, and purpose of the master facility
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Facility Terms: Core terms of the master facility including types of loans available, purpose, and general conditions
5. Conditions Precedent: Prerequisites that must be satisfied before any utilization of the facility
6. Utilization: Procedures and requirements for drawing down loans under the facility
7. Interest and Fees: Interest calculation methodology, payment terms, and applicable fees
8. Repayment and Prepayment: Terms for scheduled repayments and early repayment options
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the facility period
11. Events of Default: Circumstances that trigger default and lender's rights upon default
12. Security: General provisions regarding security arrangements for the facility
13. Changes to Parties: Rules for assignment, transfer, and novation of rights and obligations
14. Administration: Operational aspects including calculations, notices, and communication
15. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
16. Execution: Signature blocks and execution formalities
1. Islamic Banking Provisions: Required when the facility needs to comply with Shariah principles
2. Syndication Provisions: Required for facilities involving multiple lenders
3. Increased Costs and Tax Provisions: Detailed provisions for managing changes in regulatory costs and tax implications
4. Currency Provisions: Required when facilities can be drawn in multiple currencies
5. Guarantee: Required when there are guarantors for the facility
6. Set-off Rights: Detailed set-off provisions when the lender has multiple relationships with the borrower
7. Force Majeure: Provisions dealing with extraordinary events affecting the facility
8. Anti-Money Laundering Provisions: Detailed AML provisions for high-risk borrowers or complex structures
1. Facility Particulars: Specific details of each sub-facility including limits, purpose, and specific terms
2. Conditions Precedent Documents: List of required documents and conditions for facility utilization
3. Form of Utilization Request: Standard form for drawdown requests
4. Repayment Schedule: Template or actual repayment schedule for term facilities
5. Interest Rate and Fee Schedule: Detailed breakdown of applicable interest rates and fees
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Security Schedule: List and details of security documents and collateral
8. Form of Transfer Certificate: Template for transferring rights and obligations
9. Form of Accession Deed: Template for new parties joining the facility
10. Contact Details: Administrative and notice details for all parties
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Islamic Banking
Real Estate and Construction
Manufacturing
Energy and Utilities
Infrastructure Development
Technology and Telecommunications
Healthcare
Agriculture and Plantation
Oil and Gas
Retail and Commercial
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Islamic Banking
Operations
Documentation
Transaction Banking
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Corporate Banking Manager
Transaction Banking Manager
Islamic Banking Specialist
Security Documentation Officer
Financial Controller
Company Secretary
Chief Risk Officer
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